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Microsoft could be facing a class action for Windows 10 OS upgrade

zMeul
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source: https://www.theregister.co.uk/2017/03/24/microsoft_windows_10_update/

 

3 people (Stephanie Watson, Robert Saiger and Howard Goldberg) have brought a class action complaint against MicroSoft in the Illinois Court

 

the full filing can be seen here: https://regmedia.co.uk/2017/03/24/microsoft_complaint.pdf

 

the complaint:

Quote

[MicroSoft] failed to exercise reasonable care in designing, formulating, and manufacturing the Windows 10 upgrade and placing it into the stream of commerce

 

As a result of its failure to exercise reasonable care, [the company] distributed an operating system that was liable to cause loss of data or damage to hardware.

 

this is not the 1st time MicroSoft had to face civil suit for botched Windows 10 upgrades

last year, a business owner sued MicroSoft after the Windows 10 upgrade activated itself overnight, causing downtime for the business and loss of sales - the case was settled for 10 grand $

 

the attorneys for this new case are seeking the suit to be classified as class action, and will include every person in the US that lost data or ended up with non-functional PCs because of the Windows 10 upgrade

 

---

 

hope these lawyers hire some tech eggheads because as of now, the filling only covers Windows 7 installs and earlier ... what!?!?

 

---

 

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Microsoft and these Windows 10 issues. They just keep coming, don't they?

 

Look at the spelling above btw.

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4 minutes ago, zMeul said:

hope these lawyers hire some tech eggheads because as of now, the filling only covers Windows 7 installs and earlier ... what!?!?

well, to be fair, the only botched upgrade I've seen was from 7 to 10.. 

8(non 8.1) > 10 works fine every time

8.1 > 10 works fine every time

10 fresh install works fine every time

idk

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4 minutes ago, Droidbot said:

well, to be fair, the only botched upgrade I've seen was from 7 to 10.. 

8(non 8.1) > 10 works fine every time

8.1 > 10 works fine every time

10 fresh install works fine every time

My Dell laptop failed going from 8.1 to 10. Then failed on fresh install.

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3 minutes ago, Jamiec1130 said:

Microsoft and these Windows 10 issues. They just keep coming, don't they?

 

Look at the spelling above btw.

And yet people still are dumb since they sue Microsoft for a bit of money, for somewhat laughable non techy-ness mistakes sometimes. Like total loss of data for a failed upgrade ... well... a fail upgrade doesn't necessarily mean that.

That aside, a computer program can crash, shit happens and there is no legal grounds to sue if the update was in their consent  (which was not the case allegedly when the woman won)

They should sue Microsoft for what they are actually doing wrong with forced updates from other version os  (forced updates within w10 is in their license rights) or them having potentially questionable use of personal data... the important stuff like harming freedom

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1 minute ago, DrMikeNZ said:

My Dell laptop failed going from 8.1 to 10. Then failed on fresh install.

For me, its been Windows 10 randomly fucking up after each fresh re-install. I just gave up on it, and right now I've got the best Windows 7 install that I've had to date (initial updates didn't take too long, no random crashes/BSOS etc)

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Just now, DrMikeNZ said:

My Dell laptop failed going from 8.1 to 10. Then failed on fresh install.

I've done:

- Toshiba Protege machine from 7 > 10, worked fine

- My side machine at the time, Alienware M11xR3, from 7 > 10, stopped booting. Had to fresh install. 

- Tablet stopped updating and I just made an upgrade USB and fresh restore installed, from 8.1 to 10

- Toshiba machine that belonged to my mum, went from 8.1 > 10 and worked fine. 

 

Only one that failed for me was 7 > 10, ironically on a Dell/AW machine also.

idk

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11 minutes ago, Droidbot said:

well, to be fair, the only botched upgrade I've seen was from 7 to 10.. 

8(non 8.1) > 10 works fine every time

8.1 > 10 works fine every time

10 fresh install works fine every time

Nah mine had issues going from 8.1 > 10.

Issue lies with non fresh installs of the OS.

 

Doubt Microsoft would budge to this, since it is more of a quality of experience rather than like a full frontal i destroyed your data assault.

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ironically Microsoft hasn't so much as breathed a word of the Windows 10 Mobile UPGRADE from Windows Phone 8.1 to anybody who owns a Windows Phone....

Judge a product on its own merits AND the company that made it.

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Just now, huilun02 said:

What about the deliberate, extensive breach of user privacy from resetting user telemetry settings, hidden and unstoppable (from within the OS) data transfer that even bypass DNS lookup? 

Nobody on the "Consumer" side of things seems to mind?

 

Idk. Non techies not realizing how bad data collection is these days.....

Judge a product on its own merits AND the company that made it.

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Shockingly I've never had a Windows 10 upgrade or install fail. Sure, they've been really slow at times, but usually Windows 10 just stops working after a while of usage. 

Main System: Phobos

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4 minutes ago, AluminiumTech said:

Nobody on the "Consumer" side of things seems to mind?

 

Idk. Non techies not realizing how bad data collection is these days.....

A good number of them do care they just do not have the full understanding of the depth of the issues as a techie would and it is up to us to help them understand and then they will join the fight.

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Just now, Droidbot said:

I've done:

- Toshiba Protege machine from 7 > 10, worked fine

- My side machine at the time, Alienware M11xR3, from 7 > 10, stopped booting. Had to fresh install. 

- Tablet stopped updating and I just made an upgrade USB and fresh restore installed, from 8.1 to 10

- Toshiba machine that belonged to my mum, went from 8.1 > 10 and worked fine. 

 

Only one that failed for me was 7 > 10, ironically on a Dell/AW machine also.

So, you have done 4 systems, 2 of which were 8.1 to 10, and drew the conclusion that 8.1 > 10 "works fine every time"? It is not exactly the best data set there :P.

The Dell laptop was the only system that I had issues with updating, this required a BIOS update for W10 to install which wasn't available when the upgrade occurred.

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They deserve it. 

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24 minutes ago, Droidbot said:

well, to be fair, the only botched upgrade I've seen was from 7 to 10.. 

8(non 8.1) > 10 works fine every time

8.1 > 10 works fine every time

10 fresh install works fine every time

my W8.1 Pavilion 15 laptop outright refused to update to W10 even if I wanted it to, had to manually upgrade it

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2 minutes ago, DrMikeNZ said:

So, you have done 4 systems, 2 of which were 8.1 to 10, and drew the conclusion that 8.1 > 10 "works fine every time"? It is not exactly the best data set there :P.

The Dell laptop was the only system that I had issues with updating, this required a BIOS update for W10 to install which wasn't available when the upgrade occurred.

hm. why should UEFI have to change to update an OS? I'm just saying from my perspective and my experience..

but they should widen it to win7 + 8 + 8.1 updates as I've seen some stories in this thread alone

idk

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26 minutes ago, Droidbot said:

well, to be fair, the only botched upgrade I've seen was from 7 to 10.. 

8(non 8.1) > 10 works fine every time

8.1 > 10 works fine every time

10 fresh install works fine every time

had a laptop messed up going from 8 to 10 and i had to do a fresh install instead

I spent $2500 on building my PC and all i do with it is play no games atm & watch anime at 1080p(finally) watch YT and write essays...  nothing, it just sits there collecting dust...

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5 minutes ago, Droidbot said:

hm. why should UEFI have to change to update an OS? I'm just saying from my perspective and my experience..

but they should widen it to win7 + 8 + 8.1 updates as I've seen some stories in this thread alone

2 words: Secure Boot

Some more words: Windows 10 is cancer

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Just now, Dabombinable said:

2 words: Secure Boot.

They introduced UEFI cause it's more secure than BIOS

But it's a fucking nightmare for security and the entire thing is a shitshow

idk

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Just now, Droidbot said:

They introduced UEFI cause it's more secure than BIOS

But it's a fucking nightmare for security and the entire thing is a shitshow

UEFI if anything has the same poor security. Windows 10 requires its own specific version of Secure Boot and if you can't disable it, you either need the BIOS to support the specific version, or your shit out of luck.

"We also blind small animals with cosmetics.
We do not sell cosmetics. We just blind animals."

 

"Please don't mistake us for Equifax. Those fuckers are evil"

 

This PSA brought to you by Equifacks.
PMSL

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  • Author
2 minutes ago, Droidbot said:

They introduced UEFI cause it's more secure than BIOS

But it's a fucking nightmare for security and the entire thing is a shitshow

Secure Boot is what he's talking about, nothing wrong with UEFI

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7 minutes ago, Droidbot said:

hm. why should UEFI have to change to update an OS? I'm just saying from my perspective and my experience..

but they should widen it to win7 + 8 + 8.1 updates as I've seen some stories in this thread alone

Windows 8 is no longer supported.

 

Windows 8.1 is effectively a service pack for Windows 8.

 

As Microsoft describes it, customers need Windows 8.1 Update (from April 2014) to be supported.

 

info.PNG.461cd75d0e7ea4cea594f01ab4cc4e7e.PNGwin8.PNG.db354e97d16b2dd6a4b246ee6fbffe53.PNG

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24 minutes ago, AluminiumTech said:

ironically Microsoft hasn't so much as breathed a word of the Windows 10 Mobile UPGRADE from Windows Phone 8.1 to anybody who owns a Windows Phone....

Maybe because they'd rather spend resources and effort on something they earn money from, win10 mobile might not have the same spy stuff so it might not be worth it for them

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46 minutes ago, zMeul said:

source: https://www.theregister.co.uk/2017/03/24/microsoft_windows_10_update/

 

3 people (Stephanie Watson, Robert Saiger and Howard Goldberg) have brought a class action complaint against MicroSoft in the Illinois Court

 

the full filing can be seen here: https://regmedia.co.uk/2017/03/24/microsoft_complaint.pdf

 

the complaint:

 

this is not the 1st time MicroSoft had to face civil suit for botched Windows 10 upgrades

last year, a business owner sued MicroSoft after the Windows 10 upgrade activated itself overnight, causing downtime for the business and loss of sales - the case was settled for 10 grand $

 

the attorneys for this new case are seeking the suit to be classified as class action, and will include every person in the US that lost data or ended up with non-functional PCs because of the Windows 10 upgrade

 

---

 

hope these lawyers hire some tech eggheads because as of now, the filling only covers Windows 7 installs and earlier ... what!?!?

 

---

 

  Reveal hidden contents

r_9492_MaC5x.jpg

 

Microshaft really has to step up their game. I hope the "Creator update" does some good...

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